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The Principle of Proportionality in Union Law - a legal safeguard of federalism

Öberg, Jacob LU (2012) In EUI Working Paper 2012/6(2012/6). p.65-87
Abstract
The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i.e. the Union and its Member States, the simple answer to this question is that the principle of proportionality imposes limits on the regulatory freedom of the Member States in forming their national policies. In order to provide a more comprehensive response to this question this paper closely reviews the case-law of the CJEU and analyses how... (More)
The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i.e. the Union and its Member States, the simple answer to this question is that the principle of proportionality imposes limits on the regulatory freedom of the Member States in forming their national policies. In order to provide a more comprehensive response to this question this paper closely reviews the case-law of the CJEU and analyses how different standards of proportionality review may influence the allocation of power between the Member States and the Union. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Working paper/Preprint
publication status
published
subject
in
EUI Working Paper
volume
2012/6
issue
2012/6
pages
23 pages
publisher
Florence: European University Institute.
ISBN
1725-6739
language
English
LU publication?
yes
additional info
In Azoulai, Millet, Boucon (ed.), Deconstructing EU Federalism through Competences
id
5496567e-aeb1-4928-81a8-c3afaf5d6aa2
date added to LUP
2018-09-05 12:07:04
date last changed
2022-02-24 09:56:41
@misc{5496567e-aeb1-4928-81a8-c3afaf5d6aa2,
  abstract     = {{The subject matter of this paper is to unravel the ‘federal’ nature of proportionality in Union law. Does the principle of proportionality work as a safeguard of federalism or is it merely a legal tool for the Court to further market integration beyond the limits of the Treaty? If federalism refers to how powers are balanced and allocated between the central government and its constituent parts, i.e. the Union and its Member States, the simple answer to this question is that the principle of proportionality imposes limits on the regulatory freedom of the Member States in forming their national policies. In order to provide a more comprehensive response to this question this paper closely reviews the case-law of the CJEU and analyses how different standards of proportionality review may influence the allocation of power between the Member States and the Union.}},
  author       = {{Öberg, Jacob}},
  isbn         = {{1725-6739}},
  language     = {{eng}},
  month        = {{05}},
  note         = {{Working Paper}},
  number       = {{2012/6}},
  pages        = {{65--87}},
  publisher    = {{Florence: European University Institute.}},
  series       = {{EUI Working Paper}},
  title        = {{The Principle of Proportionality in Union Law - a legal safeguard of federalism}},
  volume       = {{2012/6}},
  year         = {{2012}},
}